Andaman Chamber Of Commerce And Industry And ANR v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA(P)/7/2024 Andaman Chamber of Commerce and Industry and another Vs.

The Andaman and Nicobar Administration and others Ms. Anjili Nag ... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi Mr. Rakesh Kumar ... for the respondent nos.1 to Mr. Soumya Mazumar Mr. Vivekananda Bose Mr. Sohan De Dhara ... for the respondent no.5 September 30, 2024 [SR] Item no.4 The grievance of the petitioners is directed against the refusal of the respondent authorities and more particularly the respondent no.1 to pay interest on security deposit in terms of the Regulations framed by the Joint Electricity Regulatory Commission for the State of Goa and Union Territories (Electricity Supply Code) Regulations, 2018 read with Electricity Act, 2003.

It is submitted on behalf of the petitioners that despite a stipulation providing for interest on security deposit or adjustment thereof as stipulated in clause 5.135 of the Regulations, not a single consumer has been paid interest on security deposit nor has any adjustment been provided by the authorities.

For convenience, clause 5.135 of the Regulations provides as follows:

"5.135.

The Licensee shall pay interest to the consumer at the State Bank of India Base Rate prevailing on the 1st of April for the year, payable annually on the consumer's security deposit with effect from date of such deposit in case of new connections

energized after the date of this notification, or in other cases, from the date of notification of this Supply Code, 2018. The interest accrued during the year shall be adjusted in the consumer's bill for the first billing cycle of the ensuing financial year. If the Security Deposit is submitted in the form of Bank Guarantee or by providing lien against fixed deposits, no interest shall be payable to the consumer."

The respondent Administration is represented and submits that pursuant to the above Regulations, steps are being taken by the Administration to provide either interest or adjustment on account of security deposit. It is further submitted on behalf of the respondent Administration that an opportunity of 6 months be afforded to complete the above exercise. It is also submitted on behalf of the Administration that in terms of clause 5.136 of the above Regulations, the Administration is at liberty to review the consumption pattern of any consumer.

The respondent bank opposes the prayer made on behalf of the petitioners.

In reply, it is submitted that the above Regulations had come into force as far back as in 2018 and there is no reason as to why the Authorities have taken no steps whatsoever for a period of nearly six years.

In view of the submissions made on behalf of the Administration, WPA(P)/7/2024 stands disposed of by directing the respondent authority Nos.1 to 4 to take necessary steps in accordance with law in terms of the above Regulations within a period of four months from the date of communication of this order.

( Ravi Krishan Kapur, J. ) ( Prasenjit Biswas, J. )